Senate
Study
Bill
3028
-
Introduced
SENATE/HOUSE
FILE
_____
BY
(PROPOSED
DEPARTMENT
OF
PUBLIC
SAFETY
BILL)
A
BILL
FOR
An
Act
requiring
an
aggravated
misdemeanant
to
submit
a
DNA
1
sample
and
including
effective
date
provisions.
2
BE
IT
ENACTED
BY
THE
GENERAL
ASSEMBLY
OF
THE
STATE
OF
IOWA:
3
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_____
H.F.
_____
Section
1.
Section
81.2,
subsection
1,
Code
2011,
is
amended
1
to
read
as
follows:
2
1.
A
person
who
receives
a
deferred
judgment
for
a
3
felony
,
aggravated
misdemeanor,
or
against
whom
a
judgment
or
4
conviction
for
a
felony
or
aggravated
misdemeanor
has
been
5
entered
shall
be
required
to
submit
a
DNA
sample
for
DNA
6
profiling
pursuant
to
section
81.4
.
7
Sec.
2.
Section
81.10,
subsection
1,
Code
2011,
is
amended
8
to
read
as
follows:
9
1.
A
defendant
who
has
been
convicted
of
a
felony
or
10
aggravated
misdemeanor
and
who
has
not
been
required
to
submit
11
a
DNA
sample
for
DNA
profiling
may
make
a
motion
to
the
court
12
for
an
order
to
require
that
DNA
analysis
be
performed
on
13
evidence
collected
in
the
case
for
which
the
person
stands
14
convicted.
15
Sec.
3.
IMPLEMENTATION
OF
ACT.
Section
25B.2,
subsection
16
3,
shall
not
apply
to
this
Act.
17
Sec.
4.
EFFECTIVE
DATE.
This
Act
takes
effect
January
1,
18
2013.
19
EXPLANATION
20
This
bill
requires
an
aggravated
misdemeanant
to
submit
a
21
DNA
sample.
22
The
bill
requires
a
person
convicted
of
or
who
receives
23
a
deferred
judgment
for
an
offense
that
is
classified
as
24
an
aggravated
misdemeanor
to
submit
a
DNA
sample
for
DNA
25
profiling.
26
Current
law
provides
that
a
person
who
is
convicted
of
or
27
who
receives
a
deferred
judgment
for
an
offense
classified
as
a
28
felony
shall
submit
a
DNA
sample
for
DNA
profiling.
29
The
bill
may
include
a
state
mandate
as
defined
in
Code
30
section
25B.3.
The
bill
makes
inapplicable
Code
section
25B.2,
31
subsection
3,
which
would
relieve
a
political
subdivision
from
32
complying
with
a
state
mandate
if
funding
for
the
cost
of
33
the
state
mandate
is
not
provided
or
specified.
Therefore,
34
political
subdivisions
are
required
to
comply
with
any
state
35
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mandate
included
in
the
bill.
1
The
bill
takes
effect
January
1,
2013.
2
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